SLS 15RS-492 ORIGINAL
2015 Regular Session
SENATE BILL NO. 60
BY SENATOR KOSTELKA
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
FRAUD. Provides relative to Medicaid fraud. (gov sig)
1 AN ACT
2 To amend and reenact the introductory paragraph of R.S. 14:70.1(A) and 70.1(A)(1) and (2),
3 and to enact R.S. 14:70.1(C), relative to the crime of Medicaid fraud; to provide
4 relative to the elements of Medicaid fraud; to provide relative to venue for Medicaid
5 fraud prosecutions; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. The introductory paragraph of R.S. 14:70.1(A) and 70.1(A)(1) and (2) are
8 hereby amended and reenacted, and R.S. 14:70.1(C) is hereby enacted, to read as follows:
9 ยง70.1. Medicaid fraud
10 A. The crime of Medicaid fraud is the act of any person, who, with intent to
11 defraud the state or any person or entity through any medical assistance program
12 created under the federal Social Security Act and administered by the Department
13 of Health and Hospitals, does any of the following:
14 (1) Presents for allowance or payment any false or fraudulent claim for
15 furnishing services or merchandise; or.
16 (2) Knowingly submits false information for the purpose of obtaining greater
17 compensation than that to which he is legally entitled for furnishing services or
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 60
SLS 15RS-492 ORIGINAL
1 merchandise; or.
2 * * *
3 C. In addition to the venue established by Code of Criminal Procedure
4 Articles 611 and 614, venue shall also be appropriate in the Nineteenth Judicial
5 District Court, Parish of East Baton Rouge.
6 Section 2. This Act shall become effective upon signature by the governor or, if not
7 signed by the governor, upon expiration of the time for bills to become law without signature
8 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
9 vetoed by the governor and subsequently approved by the legislature, this Act shall become
10 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 60 Original 2015 Regular Session Kostelka
Present law provides relative to the crime of Medicaid fraud.
Present law provides that Medicaid fraud is the act of any person who, with intent to defraud
the state through any medical assistance program created under the federal Social Security
Act and administered by the Dept. of Health and Hospitals, does any of the following:
(1)Presents for allowance or payment any false or fraudulent claim for furnishing
services or merchandise.
(2)Knowingly submits false information for the purpose of obtaining greater
compensation than that to which he is legally entitled for furnishing services or
merchandise.
(3)Knowingly submits false information for the purpose of obtaining authorization for
furnishing services or merchandise.
Proposed law retains present law and adds that Medicaid fraud is also committed by the act
of any person who intends to defraud not only the state but any person or entity (e.g. false
or fraudulent submissions made to a managed care organization used by the state to
administer the program).
Present law provides for jurisdiction and venue in certain criminal matters, including the
crime of Medicaid fraud.
Present law provides that all trials are to take place in the parish where the offense has been
committed, unless the venue is changed. Present law further provides that if acts constituting
an offense or if the elements of an offense occurred in more than one place, then the offense
is deemed to have been committed in any parish in this state in which any such act or
element occurred. Present law further provides that an offense committed on the boundary
line of two parishes or within 100 feet thereof is deemed to have been committed in either
parish.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 60
SLS 15RS-492 ORIGINAL
Proposed law retains present law and adds that in addition to the venue established by
present law, venue for a Medicaid fraud prosecution is also appropriate in the 19
th
Judicial
District Court, Parish of East Baton Rouge.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 14:70.1(A)(intro para) and 70.1(A)(1) and (2); adds R.S. 14:70.1(C))
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.